Water company lobbyist admits pulling fire alarm at Oxford town meeting

Wednesday

Aug 13, 2014 at 6:00 AM

By Brian Lee TELEGRAM & GAZETTE STAFF

OXFORD — A lobbyist for the company that owns the water system and who was accused of pulling a fire alarm during discussion of a controversial article at the May town meeting admitted to the act during a closed-door hearing, according to an email from Police Chief Michael Hassett to Selectman Chairman John G. Saad.

William F. Malloy Jr., of 31 Wildcat Lane in Norwell, had been charged with a false fire alarm violation and disturbing a public assembly.

Mr. Malloy's alleged motive was to prevent an early-morning re-vote that might have resulted in the town's takeover of the company.

As a result of Monday's clerk magistrate hearing in Dudley District Court, probable cause was found on both charges against Mr. Malloy, who in turn agreed to pay restitution to Oxford for $2,811 and will be placed on 6 months of probation, until Feb. 11, according to the chief's email, which was obtained by the Telegram & Gazette.

However, the court did not issue a complaint on the matter. The case is not a public record.

Clerk Magistrate Kenneth F. Candito, when asked about the case, said: "I cannot comment on the existence or lack thereof," on "a matter before the court" involving "a complaint that hasn't issued."

Chief Hassett and Mr. Saad, chairman of the Board of Selectmen, did not return phone messages Tuesday.

A police sergeant, who a dispatcher said was involved in the case, did not return a phone message.

Mr. Malloy's Boston-based lawyer, Gary Zerola, said in an interview:

"The Oxford Police Department did their investigation — and they did a thorough investigation. They presented their case to a clerk magistrate, and after hearing that case, the clerk magistrate didn't issue any criminal charges against Mr. Malloy.

"I'm sure that the clerk magistrate considered" Mr. Malloy's "impeccable 35-year history as a U.S. Navy war veteran, and his 25 years of service as a governmental relations liaison with many different companies and cities and towns," Mr. Zerola continued.

"As far as we're concerned the matter is closed, and Mr. Malloy is happy to have the matter behind him and move on with his life and representing the companies and the people that he has for almost three decades — something he's done with integrity for almost 40 years," the lawyer said.

Asked to confirm if Mr. Malloy had agreed to pay restitution, the lawyer said, "I have no comment on that."

Mr. Malloy is president of the Malloy Group of Boston, which the secretary of state's website says has been a lobbyist for Aquarion — the firm that owns the water system — since Jan. 1.

Aquarion lobbied against town officials who wanted the town to buy the system. Aquarion is listed on the Malloy Group's website as a client.

Then-Town Manager Joseph M. Zeneski had said the alarm pull was a deliberate act to stop the town meeting.

The town sought to exercise its right to acquire the water system at any time on payment of actual costs.

The May 7 town meeting article asked for $2.7 million to complete the purchase of the Oxford water system from Aquarion.

In 2009, voters had appropriated $6.7 million for that purpose. Worcester Superior Court Justice Daniel M. Wrenn in December set $8.2 million as the price for the purchase.

Aquarion has owned the Oxford water system since 2002, when it bought it from Massachusetts American Water Co.

In late May, Oxford Police Sgt. Jeromy Grniet told the Telegram & Gazette police had a suspect in mind since the evening of the meeting, but obtained additional information the week of May 25 during an investigation.

During the meeting, a majority of residents voted against the additional funding when the vote was taken just after midnight. Most residents went home after the vote, but the meeting continued with 20 articles yet to be voted on.

About 12:30 a.m. May 8, Alan J. Hammond, co-chairman of the Tercentenary Committee, made a motion, which was seconded, to reconsider the Aquarion article. This led to a commotion, and then someone pulled the fire alarm at 12:35 a.m., police said.

The meeting was continued the evening of May 8, but voters decided not to vote again on the failed Aquarion article.

Because of this week's transition to interim Town Manager Dennis A. Power, town officials have said the town could not provide an update on the water company issue.

After the town meeting vote, Mr. Zeneski had said the town still had the right to purchase the water company if a future town meeting approves additional money, or if grants or other means are found.

Contact Brian Lee at brian.lee@telegram.com. Follow him on Twitter at @BleeTG

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